PEOPLE v. MORRELL


134 Misc.2d 1011 (1987)

The People of the State of New York, Plaintiff, v. Bernardo Morrell, Defendant.

Supreme Court, New York County.

March 12, 1987


Attorney(s) appearing for the Case

Raymond J. Aab for defendant. Robert M. Morgenthau, District Attorney (David Kellem of counsel), for plaintiff.


HERMAN CAHN, J.

Defendant's motion to dismiss the indictment is granted. The Assistant District Attorney's failure to answer, in proper form, a question put forth by a grand juror, requires dismissal.

THE FACTS

On October 22, 1986, police officers observed defendant fleeing the scene of a restaurant burglary. He was apprehended at that time. On October 24, 1986, the District Attorney's office sought indictment of defendant, for burglary...

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